Common Causes of Commercial Vehicle Accidents
There are many different reasons a commercial driver may end up in an accident. Some of these include the following.
- Poor Maintenance – If the truck isn’t properly maintained, something can go wrong while it’s on the road. A crash can result from any breakdowns experienced while the van is being driven.
- Overloaded Cargo – freight that is too heavy for the truck or that is not loaded properly can lead to an accident. It’s possible for the truck to experience a failure due to a heavy load or to tip if the cargo is not balanced.
- Fatigue – Commercial drivers have restrictions on how much they can drive per day. If they’re forced to drive further or attempt to drive more than what’s allowed to stay on schedule, they may fall asleep at the wheel or make mistakes because they’re exhausted.
- Negligence – Failing to pay attention to the road and their environment could lead a truck driver to cause an incident. They may end up hitting another vehicle as they try to switch lanes or end up hitting a pedestrian if they don’t identify them in time.
- Rushing – Hurrying to get to the next location can lead to significant crashes because the driver is not paying attention like they should and making decisions like going through a yellow light to make a better time.
- Driving Under the Influence – Truck drivers who are under the influence of drugs or alcohol can end up causing an incident. This includes prescription medicines that can cause drowsiness.
- Loss of Control – If the truck driver loses control due to a upkeep issue, environmental issues, or any other reason, it could lead to an accident.
What to Do After an Accident
Afflicted individuals of a truck accident will want to seek medical attention straight away. If emergency medical care is not necessary, the victim should still see a physician as soon as possible, preferably within the next couple of days. The victim could have hidden injuries that are not obvious immediately after the collision, but that can cause potential pain and suffering. If the victim does not see the physician soon after the accident, it can also become more difficult to establish the injuries were suffered in the accident. The duration of time between the accident and the medical care could be seen as evidence that the injuries happened elsewhere, but the victim is attempting to claim it as part of compensation for the accident to avoid having to pay those costs out of pocket. This isn't always the case, but it is what insurance companies will say to try to lessen their liability.
Who is Liable for the Accident?
Liability is a elaborate topic for commercial car or truck accidents. The driver is not always going to be the responsible party. Instead, it could also be anyone involved in the servicing or use of the vehicle. A lawyer is often needed to identify who the liable party is for any commercial vehicle accident.
- Manufacturer – If a imperfection in the vehicle leads to an accident, it may be possible to hold the manufacturer responsible for any injuries sustained. Defects can be in any parts of the vehicle, from the engine to the tires.
- Mechanic – The repair shop who worked on the vehicle could be held liable if they did not do a repair effectively or missed repairs that were needed to keep the vehicle in ideal running condition.
- Employer – An employer who forces the driver to fulfill unobtainable standards or to drive more than what’s authorized before a break may be accountable for any injuries if a collision occurs.
- Truck Owner – The vehicle may not be owned and operated by the truck driver. If this is the case and the truck is not properly repaired, the owner may be the accountable party.
- Other Drivers – If the crash is caused by another driver, they would be liable for the accident, even if it includes a commercial car or truck. If another individual swerves in front of a truck and the truck is unable to stop in time, it could end up in a multi-car accident. The driver who swerved would be responsible in that situation.
The Right Settlement to Accept
When sufferers can obtain compensation for this type of accident, they’ll need to know what settlement to accept. It is never a good idea to take the first settlement offer without advice from a lawyer. Insurance companies want to minimize the amount they pay out, as they cannot be profitable if they always pay out the highest amount for every claim. So, the starting settlement offer will be lower than what the victim may be entitled to for their injuries. If this settlement is approved, the victim cannot get more money from the liable party later.
Preferably instead of accepting the first settlement, victims can work with a lawyer to negotiate a more substantial amount. The higher amount will be more likely to include all accident-related expenses, such as medical bills, damaged products, lost wages, and more. It’s also likely the improved settlement offer will include non-quantifiable damages, such as loss of enjoyment of life if the victim suffered long-term injuries.
Avoid Typical Errors After a Commercial Vehicle Accident
After a van accident, it is important to know what to do and what not to do. Refrain from all of the following if you’re in a commercial van accident.
- Avoid taking Fault – Many people will instantly apologize after an accident, even if the accident wasn’t their fault. Avoid doing this and avoid saying something to the insurance company involved that could be construed as an admission of fault. Doing so could mean being unable to obtain settlement for the accident.
- Avoid Accepting a minimal Settlement – Make sure any settlement offer accepted is going to be enough to cover the monetary aspects of the accident. Accepting a low settlement means any other bills will need to be paid out of pocket by the victim.
- Avoid Trying to Do it Alone – It’s tough to recover from an accident and go up against the insurance company at the same time. This often leads to issues like accepting a low settlement. Instead, work with a legal representative and let them handle the insurance provider.
- Avoid Waiting for Medical Care – As mentioned, it’s never a good idea to postpone medical care. If emergency care isn’t required, see a doctor within the next few days.
Is It A Good Idea to Hire a Lawyer?
The law doesn’t require victims to hire a legal representative, but it’s always a good idea. Commercial van accidents can be incredibly sophisticated and it can be difficult to obtain compensation without the right support. Plus, there isn’t a downside to working with a legal representative. Commercial vehicle accident legal professionals work on a contingency basis. This means victims don’t need to pay upfront for legal services and only pay the lawyer if the case is won. The total amount of money needed to cover legal costs is included with other types of compensation requested in a settlement. So, the victim still receives the money needed to fiscally recover from the accident and the lawyer’s fees will be taken care of.
If you’ve been in an incident involving a commercial car or truck, talk to a lawyer to learn more about the help available for your case. You may be owed more compensation than you realize and a lawyer can help ensure you get as much money as possible for the collision. They can also help deal with the legal aspects of obtaining compensation while you focus on recuperation. Contact us today to set up a meeting and learn more about your case.
FAQs About Commercial Automobile Accidents
Commercial vehicle collisions can lead to severe injuries and damages, so working with a law firm is advised. Still, you may have some questions before the meeting. Read below to learn more about these cases and to learn more about what to expect when you have a consultation.
What is Considered a Commercial Automobile?
Commercial vehicles are those employed to move people or goods from place to place. They can include semi-trucks, multipurpose vehicles, passenger vehicles, pickup trucks, buses, and more. If the vehicle can be paid to take someone to another location or to move merchandise from one place to another, it is considered a commercial van, no matter how big or compact it may be.
How Much is My Truck Accident Injury Case Worth?
Each case is completely different, so it’s hard to say exactly how much a case is worth without looking at the details. Compensation can cover all expenditures relating to the accident, such as medical bills, property damages, and lost wages, as well as non-quantifiable or punitive damages. A law firm can review the case and let you know how much the claim may be worth.
Will I Receive Punitive Damages for the Accident?
Beyond coverage for accident-related expenses, there are other types of compensation victims can obtain, including punitive damages. These are typically awarded in cases where the judge wants to deter the same thing from happening in the longer term. If someone took a shortcut, whether that’s pressuring drivers to drive a lot more per day or not having required maintenance on a van, the victim may be awarded punitive damages as a consequence toward the liable party.
Who Do I Sue for Compensation?
The party sued for compensation is considered the accountable party. It is important to get this right, as the case can get thrown out if it’s against the incorrect party. Unfortunately, determining liability for commercial vehicle accidents can be difficult. The liable party for a commercial van accident can be the operater, their boss, the truck owner, the manufacturer, or someone else involved with the car or truck.
Do I Need a Lawyer for a Commercial Vehicle Accident?
It is strongly recommended for victims to have a lawyer for these cases due to their difficulty. On top of this, it’s better to have a lawyer tackle all of the legalities so you can focus on recovering from your injuries. They’ll help with each part of the suit to enable you to get a higher settlement that will cover any bills from the incident.
How Can I Afford a Lawyer?
Commercial vehicle crash lawyers work on a contingency basis, so you don’t pay unless of course they win the case. If they do obtain a settlement for you, the legal fees are covered in the settlement, so it won’t cost you anything at all out of pocket. You can learn more about how this works at the consultation.
Do I Need to Recover Before Seeking Compensation?
No, it is not necessary to fully recover from your injury before filing a claim. There is a statute of limitations of two years for filing a suit, and you may still be recovering from serious injuries at this point. Instead, let a lawyer handle the suit while you recover. They can obtain up-to-date as well as future medical bills to help with your recuperation.
How Do I Prove Who Caused the Accident?
Determining accountability can be complicated and involves taking a close look into how the accident occurred. At first look, it may seem like the driver made a mistake. When the truck is inspected, however, it may show the driver tried to control the car or truck but was unable to avoid an accident due to a defect or other issue. Evidence for how the incident occurred can be used to show who is responsible for this type of accident.
What Do I Need Before Talking to a Legal Representative?
Before talking to a attorney, write down as much as possible about what happened to cause the crash. Gather any medical bills that have already been received as well as costs or receipts from the accident. It’s also a good idea to have pay slips on hand to show how much money was lost due to recouping from the accident or what may be lost if you cannot go back to work in the same capacity. The lawyer can help gather facts as well as let you know if anything else is needed during the appointment, but this information, if it’s available, will give them a good start on the case.
What Evidence is Needed for My Case?
This is dependent on how contested the case is and how challenging it may be to prove accountability. Each case is different and the evidence available can vary. A lawyer can help gather as much evidence as possible and figure out what else may be needed if it isn’t readily available yet.
When Can I Obtain the Settlement?
Due to the difficulty of commercial vehicle crashes, it can take a while to come to an agreement on a settlement with the responsible party. Then, the liable party does have some time to pay out the complete amount. If the claim goes to trial, it’s going to take longer to receive a settlement. A law firm can provide some insight into how long it may take to receive money and what could cause a delay.
Will The Case Go to Trial?
The majority of cases do not ever make it to trial. It is lengthy and expensive to go to trial, so it is something that should be avoided if possible. In the majority of cases, a settlement is agreed on before the claim reaches the courts. If an deal cannot be made, a commercial truck accident case can go to court. Even then, it’s still possible to settle. If the trial continues, the judge will determine how much compensation the recipient can receive.
If you’ve been in a commercial vehicle accident, take the time to talk to a law firm about your case and learn more about whether you can obtain compensation for your injuries. Call us today to set up a meeting and get more specific knowledge about your situation and what you can expect to see moving forward.
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